Trustees in Bankruptcy are to be excluded.
Bill 14, the proposed access to justice act, received third reading on October 5, 2006. With the bill reportedly set to pass this week, the regulation of the paralegal profession in Ontario will soon be a reality.
After bill 14 passes, the Law Society of Upper Canada will be responsible for drafting the bylaws to create the rules and guidelines that will govern the paralegal profession, based on its 2004 report proposing its approach to paralegal regulation.
While the exact content of the final bylaws is yet to be determined, in the report the law society recommended mandatory college education requirements as well as licensing exams for the profession. Errors and omissions insurance, contributions to a compensation fund, and continuing education were also recommended in the report as requirements for paralegals.
According to Steven Rosenhek, chairman of the Ontario Bar Association’s paralegal task force, “the great benefit of the bill is that it sets out a comprehensive scheme for regulation of paralegals in Ontario, which encompasses all of the kinds of things that we at the OBA have advocated for years, including mandatory educational requirements, discipline measures, requirements to carry insurance — all of the things that will protect the public from incompetent or unscrupulous paralegals.”
At the time, an exemption from regulation was suggested for paralegals and law clerks working under the supervision of a lawyer in a law firm, legal clinic or student clinic, as well as for union representatives appearing in labour arbitrations, mediators, bankruptcy trustees, and others.
The Canadian Association of Insolvency and Restructuring Professionals (CAIRP) lobbied to have trustees in bankruptcy excluded from this law.
For more information please refer to:
Law Times Article of October 16, 2006;
